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2022 Supreme(Bom) 852

MILIND N.JADHAV
Ramchandra Dev, Peth – Appellant
Versus
Ld. Joint Charity Commissioner, Kolhapur Division, Kolhapur – Respondent


Advocates Appeared:
For the Petitioner: Dr. Uday P. Warunjikar a/w. Ms. Vaishnavi M. Gujarathi.
For the Respondent: Mr. A.B. Kadam, AGP.

JUDGMENT :

1. By the present Writ Petition, the Petitioner - Trust has prayed the following reliefs:-

    "(a) Be pleased to call for record and proceedings of the order passed by the Ld. Joint Charity Commissioner, Kolhapur in application no. 25 of 2019 under Section 36(1)(a) of the Maharashtra Public trust act and thereby rejecting the said application by an Order dated 15.11.2021.

(b) Be pleased to quash and set aside the order passed by the Ld. Joint Charity Commissioner, Kolhapur in application no. 25 of 2019 under section 36(1)(a) of a the Maharashtra Public Trust act and thereby rejecting the said application by an order dated 15.11.2021."

2. Petitioner is challenging the Order dated 15.11.2021 passed by the learned Joint Charity Commissioner, Kolhapur under the provisions of section 36(1)(a) of the Maharashtra Public Trusts Act, 1958 (for short "the said Act") while rejecting Application No. 25 of 2019 for seeking permission to sell property bearing Gat No.798 admeasuring 1.15 hectors / Ares situated in village Peth, taluka Walva, District Sangli (for short "the said land") belonging to the Petitioner. Petitioner has prayed for sale of the said land and for utilizing the sale proce

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